118 S3933 IS: Laken Riley Act U.S. Senate 2024-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 3933IN THE SENATE OF THE UNITED STATESMarch 12, 2024Mrs. Britt (for herself, Mr. Barrasso, Mrs. Blackburn, Mr. Boozman, Mr. Braun, Mr. Budd, Mrs. Capito, Mr. Cornyn, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Daines, Mrs. Fischer, Mr. Graham, Mr. Grassley, Mr. Hagerty, Mr. Hawley, Mr. Hoeven, Mr. Kennedy, Mr. Lee, Ms. Lummis, Mr. McConnell, Mr. Ricketts, Mr. Risch, Mr. Schmitt, Mr. Scott of Florida, Mr. Scott of South Carolina, Mr. Thune, Mr. Tillis, Mr. Tuberville, Mr. Wicker, Mr. Rounds, Mr. Lankford, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes.

1.

Short title

This Act may be cited as the Laken Riley Act.

2.

Findings; sense of Congress

(a)

Findings

Congress finds that the Nation—(1)mourns the devastating loss of Laken Riley and other victims of the Biden administration’s open borders policies;(2)honors the life and memory of Laken Riley and other victims of the Biden administration’s open borders policies; and(3)denounces the open-borders policies of President Joe Biden, Border Czar Vice President Kamala Harris, Secretary of Homeland Security Alejandro Mayorkas, and other Biden administration officials.(b)

Sense of Congress

It is the sense of Congress that—(1)the Biden administration should not have released Laken Riley’s alleged murderer into the United States; (2)the Biden administration should have arrested and detained Laken Riley’s alleged murderer after he was charged with crimes in New York, New York, and Athens, Georgia;(3)President Biden should publicly denounce his administration’s immigration policies that resulted in the murder of Laken Riley; and(4)President Biden should prevent another murder like that of Laken Riley by ending the catch-and-release of illegal aliens, increasing immigration enforcement, detaining and removing criminal aliens, reinstating the Remain in Mexico policy, ending his abuse of parole authority, and securing the United States borders.

3.

Detention of certain aliens who commit theft

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—(1)in paragraph (1)—(A)in subparagraph (C), by striking or;(B)in subparagraph (D), by striking the comma at the end and inserting , or; and(C)by inserting after subparagraph (D) the following:(E)(i)is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a), and(ii)is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense,;(2)by redesignating paragraph (2) as paragraph (4); and(3)by inserting after paragraph (1) the following:(2)

Definition

For purposes of paragraph (1)(E), the terms burglary, theft, larceny, and shoplifting have the meaning given such terms in the jurisdiction where the acts occurred.(3)

Detainer

The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien..

4.

Enforcement by attorney general of a State

(a)

Inspection of applicants for admission

Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—(1)by redesignating paragraph (3) as paragraph (4); and(2)by inserting after paragraph (2) the following:(3)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100..(b)

Apprehension and detention of aliens

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by this Act, is further amended—(1)in subsection (e)—(A)by striking or release; and(B)by striking grant, revocation, or denial and insert revocation or denial; and(2)by adding at the end the following:(f)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100..(c)

Penalties

Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by adding at the end the following:(e)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100..(d)

Certain classes of aliens

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—(1)by striking Attorney General each place it appears and inserting Secretary of Homeland Security; and (2)by adding at the end the following:(C)The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100..(e)

Detention

Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended—(1)by striking During the removal period, and inserting the following: (A)

In general

During the removal period,; and (2)by adding at the end the following:(B)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100..(f)

Limit on injunctive relief

Section 242(f) of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end following: (3)

Certain actions

Paragraph (1) shall not apply to an action brought pursuant to section 235(b)(3), subsections (e) or (f) of section 236, or section 241(a)(2)(B)..